Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-02-18
CALIFORNIA LEGISLATURE.
HTH sEssION-FoRTY
SIXTH DAY.
ENATE.

SENATE.
= THURSDAY February II 1887
The Senate met at 10 O'Clock A. NJ, the Presi-
dent i'll the chair.
Clunie called attention to the fact that error
occurred in recording the vote, ON the preceding
day, on his appeal from the ruling of the Chair
thus indicating tie vote.
The Chair directed the secretary to correct the
journal accordingly, by which the decision of
the Chair was overrulcd. This result gave
Clunie the privilege of closing the debate on
the bill requiring manufactured goods to be
stamped.
Steele. presented petition from citizens of
San Luis Obispo county in favor of a Sunday
law
REPORTS OF COMMITTEES.
On City and County Governments--S. B. $40
do pass. Also, A. b. 60; do pass Also, s. B. 374,
relating to salaries of Court reporters in coun-
ties of the eighth and ninth classes do pass.
Also, S. B. 100, creating the county of Glenn; no
recommendation.
On Finance-Bill making appropriation for
deficiency in the appropriation for the protec-
ton of fish and game for the 37th fiscal year; do
pass.
On State Library-A. B. 1874. providing for the
removal of the mineral cabinet from the State
Library no recommendation.
On Claims-Substitute for the bill for the re-
lief of Wilson Deletta; do pass. Also A. b. III,
to pay the claim of W. 7. Brown: do pass. Also,
to pay the claim of Z. I. wilkins; do pass.
On Military Affairs-S. B. $780, providing for
the erection of a cottage at the Veterans Home,
and S. B. 172, providing for the support of the
Home; do pass.
A number of resolutions were reported by the
Committee on Attaches and Mileage, allowing
mileage TO members of various committees, and
adopted.
BILLS INTRODUCED.
By Discriminating County Government
Act.
By Crandall-Proyiding for the government
and management of the Home for Feeble
minded Children.
By Conklin-Amending the Political Code, re-
lating to the protection of roads and highways.
BY Whites mending the Penal Code, relating
to appeals to the Supreme Court.
By Hinshaw-For the relief OF I. G. Wicker
sham.
BY MofHtt-To pay the salary of the Deputy
Reporter of the Supreme Court for the thirty
seventh and thirty eighth fiscal years.
By Spellacy-Amending Section $40, relating
to rivers andharbors.
gEsoLuT oNs.
By Murphy-Against the incurrence of mile
age claims without the consent of the Senate.
Adopted.
BY Suliivan-Appointing j. s Barrett and g.
p. Walsh as clerks to compile Il weekly history
of Senate bills Referred to the Committee on
Attaches.
By McCarthy-Allowing Samuel Mccarthy
$40 for services as stenographer to the Com
mittee on Military Affairs. Adopted.
THE STAMP BILL
The Senate then took up the bill requiring
manufactured articles to be stamped.
Clunie called for the previous question,
which was Vroomans motion to strike out the
enacting clause.
The roll was called. and the Senate, by vote
of five ayes TO 80 noes, refused to strike out the
enacting clause.
Further consideration of the bill was then
continued until $50 p. NJ
BILL PASSED.
S. B. 231, relating to the apportionment of
school moneys. Read third time and passed
on SECOND READING.
s. B. 2iO relating to transfer of certain moneys
in State Treasury. Read second time
s. B. $50, relating to offenses against public
justice (anti Chinese Read second time.
s. B. 2Si, appropriating $3.50, 600 for the erection
of additional buildings for the of the chronic
insane. Read second time.
THE NORMAL SCHOOL.
S. B. 4, providing for the establishment of a
branch Normal School in Shasta county. Passed
Oh file
At I'm the Senate took recess till 1907. NJ
Afternoon Session.
On the Te-assembling of the Senate Abbott
presented protest from the Manufacturers AS
ISOLATION of California against the passage of
Senate bill No 50.
Gesford submitted Il report from the Commit
tee on Education, with q substitute for S. B. 217
relating to the establishment of industrial trades
i'll the schools of the several counties.
The Judiciary Committee reported fayOrably
on 5. b. SCI, enabling John Hoagland and others
to sue the State.
BILLS AND RESOLUTIONS.
BY clunie-Amending the Code of Civil Pro-
cedure relative to the disability of married wo-
men to act as administrative etc.
by Byrnes-Io pay the claim of ex-Sherif Ed
gar, OF san Mateo, for expenses incurred in
transporting insane patients to the Stockton
asylum
BY Meaney-Resolution to pay the claim of
Luke Cavanaugh, for services as reporter to the
Committee on Claims. Adopted.
By Murphy-ConcurTent resolution requesting
Congress to pass the bill for the relief of Charles
NJ Blake, late Chaplain of the United States
Army.
THE STAMP BILL.
The Senate then proceeded with the consid-
Grafton of Senate bill No. 55, TO require the la
being of manufactured goods.
Bowers moved to amend Section by adding
after the word "impracticable" the words a or
unnecessary for the carrying out of the true
intent of this Act"
Clune argued that when the true intent of
the law was established Ito strike at Chinese
manufacturers) there would be nothing to in
teriere with the purchase of unstamped goods
from white manufacturers. The proposed
amendment would protect the manufacturers.
Abbott contended that the scope of the bill
was sweeping, and would effect the ruin of
small firms engaged in the canning business.
If the bill were so amended as to strike directly
IL.
Vrooman denied that the bill contained line
to establish the assertion that it was aimed 1t
any one class. Under such a law no man could
place his goods upon the market without stamp
ing them. Even the poor sewing woman would
be obliged to stamp the product of her needle.
man could not manufacture a hoe-handle,
nor anything else, without stamping it, He was
surprised at the arguments made in defense of
the bill, i'll the face of its ronclad and sweeping
provisions. Courts cannot place any construc
ton on the intent OF statute that is not borne
out by the plain wording of the enactment. No
Judge can ignore its plain provisions and go be-
meath it-down among the Chinamen-in order
to find another and different Interpretation.
The proposed amendment would add nothing
TO the bill but would take something from it,
and he hoped that Senators would not be mis-
led by it.
Clunie argued that the proposed Law might be
on the statute books hundred years ard never
be invoked against any class but the Chinese.
But even if it should be, it would not be am
biguous. While Courts could not supply a con-
struction orinterpretation not warranted by its
provisions, the fact is that they would find the
proposed Amendment the groundwork for the
desired construction.
Conklin said if the bill should become law
and all the debates upon it were placed before
4 the Courts, no Judge could possibly tell from
the arguments what the real intent was He
held that such law would work hardship
upon the orchardists who canned their own
fruits. While it might do good in one direction,
it would spread ruin in others.
Patterson said ii looked TO him like an effort
TO place the manufacturers of the State under
the heel of the detestable boycott
The debate was continued at considerable
length by Messrs. Rose, White, Crandall and
others
Finally Bowers amendment was adopted by
the following vote:
A es-Boges, Bowers, Brieeland, Caminetti
Chandler, Clunie, Crimmins, Dixon, Gesford
GOuchcr, Haynes, Hinshaw, Langford Lenahan
Mccarthy McCudden, Mcdonald Meaney, Moi
fit, Murphy. Pinder. Rose, Roth, SpeIlacy. Sui
livau, Warath, Viii e. Wilson'S.
Noes-Abbott, Conklin, Crandall, Hall, Pat
terson. Steele, Nrooman-7.
Crandall offered a substitute for the bill. pro-
vidlng, in effect that no manufactured goods
shall be so stamped as to falsely represent their
character.
1t was defeated by a vote of 4 ayes to 80 noes
NIooman moved to amend Section By pro-
viding that manufacturers shall stamp goads in
the manufacture of which Chinese labor had
been employed. IoSt-ayes Is noes %.
Nro0man then moved to amend Section by
providing that nothing herein shall apply to
or affect anything wholly or partially manu-
featured by Caucasian labor" Hostages IL,
noes %.
Abbott moved TO amend Section by striking
out the provision GLOWING the informer one
half the fine imposed on yiolators of the law,
and spoke in favor ofthe amendment.
The amendment was lost-ayes II, noes Is.
The previous question being demanded the
bill IVES. by viva yoee vote, passed to engross-
ment.
ON SECOND READING.
s. b. o19. TO prevent the sophistication and
adulteration of wine. Read second time.
Rose offered as a substitute the bill agreed
upon by the Joint committee of the two houses
The substitute was adopted and read the second
time